Uniform Civil Code’s Implementation Will Destroy Nation’s Diversity, Infringe Freedom Of Religion: Rajya Sabha MP P Wilson To Law Commission

In a letter to the Law Commission of India, MP and Member of the Parliamentary Standing Committee on Law and Justice, P. Wilson, has questioned the reopening of public consultation on the Uniform Civil Code issue. He said India's secularism is at risk because of the UCC as it will wipe away the unique traditions and cultures of minorities with one personal law.

Wilson, who is also a Senior Advocate, said reopening an issue that was studied in depth for almost two years and extensive consultations by the previous Law Commission only five years ago "is strange, to say the least." He added that further consultation means that the Commission is attempting to dilute the findings in the Consultation Paper dated 31.08.2018 of the 21st Law Commission of India which was not in favour of the Uniform Civil Code.

"When there are many issues pending consideration before the Law Commission of India, why is the Commission taking upon itself to reopen a concluded issue relating to Uniform Civil Code? To the public at large, it seems a response to the call of the ruling BJP party at the centre to implement the UCC, with one eye on the 2024 General Elections," Wilson said in the letter.

Wilson asked the Law Commission to provide details on the expenditure incurred by it for consultations, meetings, publishing questionnaires, and other related activities concerning the Consultation Paper dated 31.08.2018.

“What steps have been taken in accordance with the many recommendations and suggestions which are highlighted in the Consultation Paper dated 31.078.2018 by the 21st Law Commission of India?,” he further asked.

Wilson said the implementation of a Uniform Civil Code will destroy the diversity of the nation.

"India is a diverse nation, having religious, cultural and linguistic diversity like none other. As per a report, India is home to 398 languages, out of which 387 are actively spoken and 11 are extinct. Even within Hinduism, there are several sub-cultures, each with their own unique identity, tradition and customs. If you take one set of personal laws and apply it with brute force to all religions, sub-sects and denominations, it would destroy their uniqueness and diversity," he said.

Stating that marriage in Christianity is a sacrament and a facet of religion, Wilson said if the UCC provides for marriages to be registered before an authority like Registrar, it denigrates and desecrates a holy sacrament. "That apart, Christians have a practice of having marriage counselling before consecrating a marriage. A UCC will be the end of this practice. Ultimately therefore, the UCC targets religious practices and interferes with the free practice of one's religion," he said.

He added: "The irony is that proponents of UCC see it as 'pro Hindu' but it could do damage to Hindu rights and customs also. Right now, for a Hindu marriage, there need not be a registration. A marriage solemnised in a Hindu temple, by following customary practice - be it tying a thaali (in Tamil culture) or seven steps around the fire is sufficient proof of marriage. These customary marriages will no longer be recognised under a UCC, which will recognise only registered marriages before a civil authority."

Wilson wrote that even within the Hindu religion, certain groups, such as tribal groups, do not support the implementation of the UCC. He also raised concerns regarding the legislative power of the states in implementing the UCC.

“Matters such as marriage, divorce, inheritance, and property rights fall under the Concurrent List of the Constitution, which allows both the central and state governments to legislate on these subjects. However, Article 44 stipulates that a Uniform Civil Code will be applicable to ‘citizens throughout the territory of India’, suggesting that States may not have the power to amend it,” he stated.

Wilson said such a code would infringe upon the freedom of religion guaranteed by Article 25 of the Indian Constitution, not just for minorities but also the majority religion.

Article 29 protects the right of minorities to preserve and protect their distinct culture. There is a legitimate fear that a uniform code would destroy the unique culture and traditions of minorities, he added.

"I am not against civil unions. Those who, out of their own choice and volition want to be joined in a civil union without a religious flavour are already free to do so under the Special Marriages Act, 1954. Atheists and inter-faith couples can have recourse to the Special Marriages Act. The problem comes when the Union takes away that choice for those who want to be bound by personal laws and want to be bound by religious customs," he said further.

He said the opposition to the UCC is due to its perceived desecration of holy sacraments, such as marriage. The matters pertaining to marriage between believers should fall within the jurisdiction of religious institutions, he said

Stating that it is crucial to consider the potential negative impact the UCC could have on our diverse society, Wilson said preserving religious freedom, respecting cultural diversity and avoiding unintended consequences should be considered.

"Instead of thrusting a uniform code, we should focus in encouraging dialogue, understanding and gradual reforms within communities through social engineering to weed out undesirable practices. It is through these means that we can strike a balance between individual rights, freedoms and communal harmony," he added.

Wilson asked the Chairman and Members of 22nd Law Commission to address his queries and concerns and give a suitable reply to the Standing Committee before it undertakes any efforts on the issue, "so as to save prevent wastage of public money, resources and time".

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